Law: Constitution of Pakistan, 1962

Section: 58

(On appeal from the judgment and order of the West Pakistan High Court, Peshawar Bench, dated the 2nd October 1969, in Civil Further Regular Appeal No. 188 of 1961). Constitution of Pakistan (1962), Art. 58(3)-Point not raised in High Court-Presumed to have been abandoned-Cannot be allowed to be agitated in Supreme Court. Date of hearing : 3rd April 1970. ORDER WAHIDUDDIN AHMAD, J.-The property in dispute is of Said Rehman son of Lal Gul, who was the owner of agricultural land and residential property .situate in village Matta Rustam Khel and Panjpao. On his death in the year 1932, his property was mutated in the name of his widow, Mst. Sahib Jamala. Mst. Sahib Jamala transferred the entice property inherited or received by her from her husband to the petitioners Mst. Sardara, wife of Saifur Rahim and Amir Nawaz minor son of Saifur Rahim. Mst. Sahib Jamala died in the year 1958. On her death, the heirs of Abdur Rahim son of Lal Gul, except Saifur Rahim, instituted a suit for possession of 174/288 share out of this property belonging to Said Rahman against the petitioners. They contended that Mst. Sahib Jamala widow of Said Rahman was a limited owner under custom. She could not transfer the whole property to the petitioners. The heirs of Abdur Rahim also alleged that there was a family arrangement between Abdur Rahman, the other son of Lal Gul that the property of Said Rahman would go to heirs of Abdur Rahim and the property of Gul Rahman, the other son of Lal Gul, who had died issueless, would go to Abdur Rahman. The petitioners contested the suit. The learned Sub-Judge, First Class, by judgment dated the 8th May 1961, decided all the issues in favour of the plaintiff respondents and passed a decree for possession in their favour regarding the following property :- (A) (i) 1/2 share of Khasra Nos. 1736 to 1740 situated in village Matta Palangzai. (ii) Khasra Nos. 1769 and 1771 situated in village Matta Palangzai. (B) (i) 1/2 share of Khasra No. 2685 situated in village Matta Rustam Khel, (ii) Khasra No. 1139 situated in village Matta Rustam Khel. (iii) 10/64 share of Khasra No. 2689 of Matta Rustam Khel. (iv) 9/32 share of Khasra Nos. 1199, 2062/1200,…